DIE Lunæ, 27 Maii.
Domini tam Spirituales quam Temporales præsentes
fuerunt:
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Arch. Cant.
Arch. Ebor.
Epus. London.
Epus. Lich. & Cov.
Epus. Sarum.
Epus. Carliol.
Epus. Elien.
Epus. Landav.
Epus. Cicestr.
Epus. Hereford.
Epus. Reffen.
Epus. Bristol.
Epus. Cestrien.
Epus. Glucestr.
Epus. Asaph.
Epus. Oxon.
Epus. Lincoln.
Epus. Bangor.
Epus. Exon. |
Ds. Cowper, Cancellarius.
Dux Kingston, C. P. S.
Dux Kent, Senescallus.
Dux Newcastle, Camerarius.
Dux Somerset.
Dux Richmond.
Dux Grafton.
Dux St. Albans.
Dux Bolton.
Dux Shrewsbury.
Dux Devon.
Dux Marlborough.
Dux Bucks & Nor.
Dux Rutland.
Dux Mountagu.
Dux Montrose.
Dux Roxburgh.
Dux Portland.
Comes Derby.
Comes Pembroke.
Comes Dorset.
Comes Salisbury.
Comes Bridgewater.
Comes Northampton.
Comes Manchester.
Comes Berks.
Comes Stamford.
Comes Thanet.
Comes Sunderland.
Comes Scarsdale.
Comes Clarendon.
Comes Cardigan.
Comes Anglesey.
Comes Carlisle.
Comes Burlington.
Comes Litchfield.
Comes Radnor.
Comes Yarmouth.
Comes Berkley.
Comes Nottingham.
Comes Rochester.
Comes Abingdon.
Comes Holderness.
Comes Plymouth.
Comes Scarborough.
Comes Warrington.
Comes Bradford.
Comes Orford.
Comes Greenwich.
Comes Poulet.
Comes Godolphin.
Comes Cholmondeley.
Comes Sutherland.
Comes Buchan.
Comes Hadintoun.
Comes Loudoun.
Comes Orkney.
Comes I'lay.
Comes Ferrers.
Comes Strafford.
Comes Dartmouth.
Comes Uxbridge.
Comes Carnarvon.
Comes Rockingham.
Comes Tankerville.
Comes Bristol.
Comes Halifax.
Viscount Hereford.
Viscount Say & Seale.
Viscount Townshend.
Viscount Longueville.
Viscount Lonsdale.
Viscount Castleton. |
Ds. Delawar.
Ds. Willughby Br.
Ds. Howard Eff.
Ds. North & Grey.
Ds. Hunsdon.
Ds. Compton.
Ds. Teynham.
Ds. Brooke.
Ds. Bruce.
Ds. Byron.
Ds. Cornwallis.
Ds. Osborne.
Ds. Lumley.
Ds. Carteret.
Ds. Guilford.
Ds. Ashburnham.
Ds. Weston.
Ds. Haversham.
Ds. Gower.
Ds. Conway.
Ds. Rosse.
Ds. Belhaven.
Ds. Harcout.
Ds. Boyle.
Ds. Hay.
Ds. Montjoy.
Ds. Mansel.
Ds. Trevor.
Ds. Lansdowne.
Ds. Masham.
Ds. Foley.
Ds. Bathurst.
Ds. Bingley.
Ds. Harborough.
Ds. Carleton.
Ds. Cobham.
Ds. Parker.
Ds. Coningsby.
Ds. Onslow.
Ds. Torrington.
Ds. Cadogan.
Ds. Romney.
Ds. Newburgh.
Ds. Pawlet Bas. |
PRAYERS.
E. of Exeter & al. Bill.
The Earl of Clarendon reported from the Committee,
to whom the Bill, intituled, "An Act for confirming
a Partition lately made, of the Estate of Sir John
Brownlowe Baronet, deceased, in the Counties of
Lincoln, York, Middlesex, and Hertford, remaining
unsold, and Articles of Agreement relating thereunto; and also the several Conveyances made of the
divided Parts; and for making effectual a Fine and
Recovery, intended to be levied and suffered, of a
Fee Farm Rent of Twenty Pounds per Annum, Part
of the Estate in the said County of Hertford," was
committed: "That they had considered the said Bill,
and found the Allegations thereof to be true; that
the Parties concerned had given their Consents; and
that the Committee had gone through the Bill, and
directed him to report the same to the House, without any Amendment."
Ordered, That the Bill be engrossed.
Heath's Bill.
The Earl of Clarendon also reported from the Committee, to whom the Bill, intituled, "An Act for
vesting the Estate late of Sir Thomas Heath Knight,
deceased, in Trustees, to be sold, for Payment of
his Debts, and other Uses," was committed: "That
they had considered the said Bill, and examined the
Allegations thereof; and that the Parties concerned
had given their Consents; and that the Committee
had gone through the Bill, and made some Amendments thereunto."
His Lordship likewise reported specially a Matter relating to a recited Mortgage from the said Sir Thomas Heath
to Eleanor Arnold, by Mesne Assignments; which she
refused to produce, though Tender of the Mortgagemoney was proved upon Oath to have been made to
her.
Then the Amendments were read Twice, and agreed
to.
Ordered, That the said Bill, with the Amendments, be engrossed.
Wood versus Cranmer.
The House being moved, "That a Day may be appointed, for hearing the Cause wherein Charles Wood
Esquire is Appellant, and Anne Cranmer Respondent:"
It is Ordered, That this House will hear the said
Cause, by Counsel, at the Bar, on Tuesday the Twentyfifth Day of June next, at Eleven a Clock.
Chevers versus Geogliegan; Appeal discharged, no Recognizance.
Whereas, on the 16th Day of April last, a Petition
and Appeal of Andrew Chevers was presented to the
House, and read; complaining of an Order made by
the Court of Exchequer in Ireland; to which Terence
Geoghegan Gentleman was ordered to put in his Answer:
The House being this Day moved, "That the said
Appeal may be dismissed; the Appellant not having
entered into a Recognizance, pursuant to their Lordships Standing Order:"
And thereupon the Clerk being called upon, to give
an Account concerning this Matter; and acquainting
the House, "That no Recognizance had been entered
into upon the said Appeal:"
It is Ordered, That the said Appeal be, and is
hereby, dismissed this House.
Hopkins's Bill:
The Earl of Clarendon reported from the Committee,
to whom the Bill, intituled, "An Act to empower the
Barons of the Exchequer in Ireland to grant a Commission to some of the Barons of the Exchequer in
England, to administer to Thomas Hopkins Esquire
the Oaths for the due Execution of the Office or
Offices of Searcher, Packer, and Gauger, in the Port
of the City of Dublin, granted to him for his Life,"
was committed: "That they had considered thereof, and
found the Allegations therein to be true; and that
the Committee had gone through the Bill; and
directed him to report the same to the House, without any Amendment."
The said Bill was read the Third Time.
And the Question being put, "Whether this
Bill shall pass?"
It was Resolved in the Affirmative.
Highgate, &c, Highways, Bill:
Hodie 3a vice lecta est Billa, intituled, "An Act for
repairing the Highways from several Places therein
mentioned, leading towards Highgate Gatehouse and
Hampsted, in the County of Middlesex; and for
electing Trustees, for keeping up a sufficient Number,
for the repairing the Highways upon the Roads
from Highgate Gatehouse to Barnet Blockhouse, and
also of the Highways between Kilburn Bridge and
Sparrows Hern, in the County of Hertford."
The Question was put, "Whether this Bill shall
pass?"
It was Resolved in the Affirmative.
Message to H. C. that the Lords have agreed to the Two last Bills.
A Message was sent to the House of Commons, by
Sir Thomas Gery and Mr. Bennet:
To acquaint them, that the Lords have agreed to the
said Bills, without any Amendment.
E. of Oxford's Case; Precedents as to the appointing a Time of Trial, Report of.
The Lord Trevor, from the Committee appointed
to search and report such Precedents, as may the better
enable this House to judge what may be proper to be
done on Occasion of the Petition of the Earl of Oxford, and the Case of the said Earl as it now stands
before this House, acquainted their Lordships, "That
the Committee, pursuant to the Instruction given
them, to search and report such Precedents as relate
to the appointing a Time of Trial, had searched
Precedents accordingly; which he was ready to report, when the House will please to receive the
same."
Ordered, That the said Report be now received.
Accordingly his Lordship reported, "That the said
Committee find,
"That, on the 21st of January 1666, after receiving
a Message from the House of Commons, to desire
this House would appoint a Day for hearing the
Cause concerning the Lord Viscount Mordaunt, upon
the Impeachment brought up from the House of
Commons against him; it was ordered, "That Saturday Morning then next, being the 26th of the
same January, be appointed to hear the Cause, upon
the said Impeachment against his Lordship."
"26th of the same January. Divers Members of the
House of Commons were present at the Bar, to manage the Evidence against the said Lord Viscount
Mordaunt.
"6th of May 1679. Upon a Message from the
Commons, "That they were ready to make good the
Articles of Impeachment for High Treason, against
the Earl of Powys, Viscount Stafford, Lord Petre,
Lord Arundell of Wardour, and the Lord Bellasis;" it
was Resolved, upon the Question, "That the said
Lords should be brought to their Trials on that Day
Sevennight."
"11th of the same Month. A Committee of this
House was appointed, to meet with a Committee of
the Commons, to consider of Propositions and Circumstances, in reference to the Trials of the Lords
in The Tower.
"12th of the same May. Upon Report, "That the
Committee of both Houses had met, and made an Entrance into their Business;" the Trial of the said Five
Lords was put off till further Order.
"16th of the same Month. Upon a Report from the
Committee of both Houses, it was Resolved, upon the
Question, "That Thursday then next, being the 22d
of that Month, should be appointed to begin the
Trials of the said Five Lords."
"20th of the same May. Upon Consideration of the
Report Yesterday from the Committee of both
Houses, Tuesday then next, being the 27th of the
same Month, was appointed, for the Trials of the
said Five Lords.
"12th Nov'r 1680. Upon a Message from the Commons, to desire a convenient Day for the Trial of the
Lord Viscount Stafford; his Trial was appointed on
Tuesday the 30th of the same Month. On which
Day his Trial began.
"21st Dec'r following. Articles of Impeachment, for
high Crimes, &c. were brought up against Mr. Seymour, and read.
"23d of the same December. He put in his Answer.
"3d Jan'y following. He petitioned for a speedy
Trial. And a Message was sent to the Commons, to
give them Notice of it, finding no Issue joined by
Replication.
"8th of the same January. Mr. Seymour's Trial was
appointed to be on Saturday the 15th Day of the
same Month, upon the Articles brought up against
him by the Commons for high Crimes and Misdemeanors. And a Message was sent to the Commons,
acquainting them with it, that they might reply if
they thought fit.
"3d June 1698. After reading the Replications of
the Commons, to the Answers of John Goudet and
others, impeached by the Commons of high Crimes
and Misdemeanors; their Trial was appointed to be
on Thursday the Ninth of the same Month, at the Bar
of this House.
"8th of the same Month. Upon a Message from the
Commons, "That, by reason of extraordinary Business,
they could not be ready to prosecute the said Impeachment;" the said Trial was ordered to be on
Thursday the 16th of the same Month: On which Day,
a Conference was had about the Place of Trial.
"28th of that Month. Their Trials ordered to be
proceeded on, the 4th of July following, in Westm'r
Hall.
"20th of May 1701. A Message was sent to the
Commons, to acquaint them, "That the Earl of
Orford having desired a Day for his speedy Trial;
their Lordships, finding no Replication, give them
Notice thereof."
"30th of May 1701. The Earl of Orford's Trial, upon
the Articles of Impeachment brought up against
him from the Commons, for high Crimes and Misdemeanors, was appointed on Monday the 9th of
June following. And a Message was sent to the Commons, to acquaint them, "That they might reply,
if they thought fit."
"The next Day. A Message was brought from the
Commons, "That they had prepared a Replication
to his Lordship's Answer; but deferred bringing it
up, thinking it more proper to begin with the Trial
of the Lord Sommers."
"3d of June following. In Answer to which Message,
a Message was sent to the Commons, "That their
Lordships, having been desired by the Lord Sommers
to appoint a Day for his speedy Trial, and finding
no Replication, give them Notice of it, that they
might reply if they thought fit; and that their Lordships would proceed to the Trial of any of the impeached Lords whom the Commons shall be first
ready to begin with, so as there be no Occasion
taken from thence for any unreason le Delay in the
Prosecution of any of them.
"5th of the same Month. A Message was brought
from the Commons, "That, on Consideration of their
Lordships Message of the 31st of May, they thought
it their undoubted Right, that no Day ought to be
appointed by this House for the Trial of any Impeachment, without some previous Signification from
the Commons of their being ready to proceed."
"9th of the same Month. A Message was sent
to the Commons, in Answer to their Message of
the 5th, "That their Lordships thought themselves
obliged to assert their undoubted Right to appoint
a Day for the Trial of any Impeachment, if they
saw good Cause for it, without any previous Signification from the Commons of their being ready to
proceed; which was warranted by many Precedents,
as well as consonant to Justice and Reason: And their
Lordships, according to the Example of their Ancestors, would always use that Right, with Regard to
the equal and impartial Administration of Justice,
and with a due Care to prevent unreasonable
Delays.
"9th of the same June. The Lord Sommers's Trial,
upon an Impeachment likewise for high Crimes and
Misdemeanors, was appointed on Friday the 13th of
the same Month.
"12th of that Month. Upon considering the Message from the Commons of Yesterday, for putting off
his Lordship's Trial to a further Day; his Trial was
ordered to be on the 17th of that Month.
"17th of the same June. The Commons, in a Message, among several other Things, declared, "They
peremptorily refused to proceed to the Trial of the
Lord Sommers that Day:" Notwithstanding which, the
same Day his Lordship was tried in Westm'r Hall, and
acquitted of the said Articles; and the Impeachment
was dismissed.
"18th of the same June. The Trial of the Earl of
Orford was ordered to be proceeded on, the 23d of
that Month; on which Day his Lordship was also
tried and acquitted.
"3d Feb. 1709. Upon reading the Replication of
the Commons to the Answer of Dr. Sacheverell, put
in to the Articles of Impeachment against him for
high Crimes and Misdemeanors; his Trial was appointed, at the Bar of this House, on Thursday the
9th of the same Month.
"6th of the same February. Upon a Message from
the Commons, concerning the Place of Trial; an Address was made to Her Majesty, for a Place to be prepared in Westm'r Hall, for his Trial.
"18th of that Month. His Trial was appointed, in
Westm'r Hall, the 27th of the same Month; on which
Day his Trial began.
"8th of February 1715. The Earl of Wintoun's
Trial was appointed the 16th of the same Month,
upon an Inpeachment of the Commons against him
for High Treason.
"10th of the same Month. Upon his Petition for
Witnesses, the Time appointed for his Trial was enlarged to the 8th of March then next.
"5th of March following. Upon another Petition,
"That his Witnesses were not arrived;" the Time for
his Trial was enlarged to the 15th of the same
Month.
"12th of the same March. A Petition of the said
Earl, for enlarging the Time, was rejected.
"18th of that Month. His Trial was proceeded
on."
Which Report being read by the Clerk:
Message to H. C. to fit.
A Message was sent to the House of Commons, by
Sir Thomas Gery and Mr. Bennet:
To desire they will continue sitting for some Time.
Day appointed for the Earl of Oxford's Trial:
Then it was moved, "That Thursday the Sixth Day
of June next be appointed, for the Trial of Robert
Earl of Oxford and Earl Mortimer, upon the Articles
of Impeachment exhibited by the Commons against
him, for High Treason, and other high Crimes and
Misdemeanors."
And a Question being stated thereupon:
It was proposed, as an Amendment to the said
Question, "To leave out ["Sixth,"] and instead thereof insert ["Thirteenth."]
Which being objected to;
And Debate thereupon:
The Question was put, "Whether the Word
["Sixth"] shall stand Part of the Question?"
It was Resolved in the Negative.
Ordered, That the Word ["Thirteenth"] be inserted instead of the Word ["Sixth."]
Ordered, That Thursday the Thirteenth Day of
June next be, and is hereby, appointed for the Trial
of the said Earl, in Westminster Hall, upon the Articles
of Impeachment exhibited by the Commons against him,
for High Treason, and other high Crimes and Misdemeanors.
Ordered, That a Message be sent to the House of
Commons, to acquaint them therewith.
Message to H. C. to acquaint them with it:
Accordingly, a Message was sent to that House, by
Sir Thomas Gery and Mr. Bennet, to acquaint them
with the said Order.
E. of Oxford to have Notice of it:
Ordered, That Notice of the said Order be forthwith given to the Earl of Oxford.
Precedents of what is to be done further, in order to his Trial:
Ordered, That all the Lords this Day present be
appointed a Committee, to search Precedents; and report
what is further proper to be done, in order to the
Trial of the said Earl.
Their Lordships, or any Seven of them; to meet
on Friday next, at Ten a Clock in the Forenoon, in the Prince's Lodgings near the House
of Peers; and adjourn as they please.
L. Chancellor to write to absent Lords:
Ordered, That Letters be writ by the Lord Chancellor to the absent Peers and Prelates, to require their
Attendance on this Day Fortnight; and to signify to them,
"That they who through Sickness cannot come, do
prove the same by Two credible Witnesses, on Oath,
at the Bar of this House, and that no other Excuse will
be admitted;" and that Notice be given in the same
Letter of the Time appointed for the Trial of the Earl
of Oxford; and that their Attendance is expected on the
Service of this House during the said Trial.
House to be called.
Ordered, That on this Day Fortnight this House
shall be called over; and that all the Lords do then
attend.
Causes removed.
Ordered, That the Causes appointed to be heard
To-morrow and Thursday next be removed to the Two
next Days for the Hearing of Causes; and the other
Causes removed in Course.
Adjourn.
Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Mercurii,
vicesimum nonum diem instantis Maii, hora decima Aurora, Dominis sic decernentibus.